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tags: NSW
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# Hills Shire Council DCP 2012

## Part B Section 3 DUAL OCCUPANCY

### 2.3 Setbacks

**OBJECTIVES**

(i) To provide setbacks that complement the streetscape, protect the privacy of and minimise overshadowing of adjoining properties in accordance with Council’s ESD objective 7.
(ii) To provide opportunities for landscaping between dwellings.
(iii) To ensure adequate site area and curtilage is provided to all development.

**DEVELOPMENT CONTROLS**

a) The minimum side and rear boundary setback requirements are:

*Table 1 - Side and rear setbacks*

| Height of Building | Minimum distance of wall to boundary line | Minimum distance of eave to boundary line |
| -------- | -------- | -------- |
| 1 storey | 900mm | 675mm |
| 2 storey (Ground) | 900mm | 675mm |
| 2 storey (Second floor) | 4m | 3775mm |

Note. The side and rear setbacks must be such that the requirements for private open space can be met.

b) The minimum road frontage setbackrequirements for dual occupancy developments are:

| Frontage | Setback |
| -------- | -------- |
| 1. Classified Roads | |
|- Urban | 10 metres |
|- Rural | 10 metres |
|2. Other Roads |Consistent with the setbacks in the locality to a minimum of 4.5m|
|3. Corner Allotment (setback from each street frontage) ||
|- Rural | 10 metres |
|- Urban | Consistent with the setbacks in the locality to a minimum of 4.5m |

*Note. The setback listed in 1 above applies for a corner allotment with frontage to a classified road.*

c) Where a development site has a slope such thatthe minimum setbacks shown in Table 1 and 2do not achieve the objectives in respect ofovershadowing, privacy and amenity foradjoining land uses, the setbacks will beincreased to the point where the objectives are achieved.

d) The minimum setback requirement betweendwellings in detached dual occupancydevelopments shall be five (5) metres between walls.

### 2.5 Private Open Space

**OBJECTIVES**

(i) To maximise the area available for private open space.
(ii) To ensure that the orientation of private open space takes into account solar access for year round use.
(iii) To provide a service space for clothes drying.

**DEVELOPMENT CONTROLS**

a) The minimum useable private open space foreach dwelling shall be as follows:

*Table 3 - Minimum useable private open space*

|Dwelling Size|Gross Floor Space (Exclusive of garages)|Private Open Space Required|
| -------- | -------- | -------- |
| Small Dwelling | 80m2 | 80m2|
| Medium Dwelling | 80m2 - 125m2 | 90m2 |
| Large Dwelling | > 125m2 | 100m2|

b) In assessing the area of useable private open space any driveway area or area with adimension less than 2.5 metres will not be included.

c) The majority of the private open space is to becapable of being an extension to indoor livingareas and directly accessible from the rear orside of the house. This part of the private open space shall be capable of containing a rectangle4 metres x 6 metres exclusive of landscaping.

d) Adequate outdoor space with solar access mustbe provided for clothes drying in accordancewith section 2.11 of this DCP.

## Part B Section 4 MULTI DWELLING HOUSING

### 3.3. Setbacks

**OBJECTIVES**

(i) To provide an open streetscape with substantial areas for landscaping and screen planting.
(ii) To minimise overshadowing of adjoining properties.
(iii) To protect privacy and amenity of any adjoining land uses in accordance with Council’s ESD objective 7.
(iv) To ensure developments are compatible with the character of surrounding housing areas in respect of the quantity and quality of open space.

**DEVELOPMENT CONTROLS**

**Building Setback Requirement No 1 - Setbacks to Protect Trees**

Setbacks are to be established so that any trees located within 10 metres of the front boundary and 4.5 metres of any rear or side boundary can be retained.

a) Where trees are identified in the site analysis and are located within the 10 metre front setback or 4.5 metre side or rear setback, the setback should be set so that all buildings are 5 metres from the trees or clear of the drip line of the trees whichever is the greater distance. The distance must be measured from the outside of the tree trunk at ground level. The process for identifying significant trees is identified in Landscape section 3.7.

**Building Setback Requirement No 2 – Building Alignment**

b) Except where a greater setback is required to satisfy “Building Zone Requirement No 1 - Setbacks to Protect Trees” all setbacks shall be in accordance with Table 1. Figure 3 provides a demonstration of how these may be applied.

c) Where a development site has a slope such that the minimum setbacks shown in Table 1 do not achieve the objectives in respect of overshadowing, privacy and amenity for adjoining land uses, the setbacks will be increased to the point where the objectives are achieved.

**Building Setback Requirement No 3 – Basement Car Park**

Basement car parks must not cover the whole site as this restricts the opportunity to retain existing trees and provide for deep-rooted planting.

d) Any basement car parking shall be located so as to ensure any trees identified are protected and must be a minimum of 5 metres from the tree or clear of the drip line. This will be measured in the manner specified above.

e) Basement car parking cannot encroach into the front setback area.

f) Where there are no significant trees in the setback area basement car parking must be a minimum of 2.5 metres from any side or rear boundary.

*Table 1 Minimum Setback*
| |Setback|
| -------- | -------- |
|<b>Primary Road Frontage</b>||
|Urban Classified Road|10 metres|
|Existing Urban Road|10 metres|
|Rouse Hill Development Area|6 metres|
|<b>Secondary Road Frontage</b>||
|(Corner Allotments)|6 metres|
|<b>Side/ Rear Boundary to Adjoining Property</b>||
|Single Storey Components||
|A 5 metre portion of the unit|1.5 metres|
|The remainder of the single storey component|4.5 metres|
|Second Storey Components|6 metres|

### 3.5 Density

**OBJECTIVES**

(i) To ensure multi dwelling housing development does not over-tax existing services and facilities.

(ii) To provide opportunities for a suitable housing form that is compatible with the existing surrounding development.

**DEVELOPMENT CONTROLS**

a) The maximum population density permitted is 95 persons per hectare based upon the occupancy rates in Table 2:

*Table 2 Occupancy Rates*
|Dwelling Type | Occupancy Rates (persons)|
| -------- | -------- |
|Existing Dwelling| 3.5 |
|1 bedroom dwelling | 1.3 |
|2 bedroom dwelling | 2.1 |
|3 bedroom dwelling | 2.7 |
|4 bedroom dwelling | 3.5 |

### 3.8. UNIT FLOOR AREA

**OBJECTIVE**

(i) To ensure that individual dwellings are of a size suitable to meet the needs of residents.

**DEVELOPMENT CONTROLS**

(a) The minimum internal floor area for each dwelling, excluding common passageways, car parking spaces and balconies shall be as follows:

|Dwelling Type|Minimum Floor Area|
| -------- | -------- |
|1 bedroom|75 m2|
|2 bedroom|110m2|
|3 bedroom|135m2|

### 3.17. CAR PARKING

**OBJECTIVES**

(i) To ensure that all car parking demands generated by the development are accommodated on the development site.
(ii) To protect the free flow of traffic into and out of multi dwelling housing developments and the surrounding street network in accordance with Council’s ESD objective 7.

**DEVELOPMENT CONTROLS**

(a) All car parking required by Council shall be provided on-site in accordance with the requirements contained within Part C Section 1 – Parking.
(b) On site car parking is to be provided at the following rates:

|Bedrooms|Car Park Spaces|
| -------- | -------- |
|1 bedroom|1 space|
|2, 3 or 4 bedrooms|2 spaces|
|Visitor Parking|2 spaces per 5 dwellings|

*Note. The above car parking rates are to be rounded up to the next whole number.*

## Part B Section 5 RESIDENTIAL FLAT BUILDINGS

### 3.3 SETBACKS - BUILDING ZONES

**OBJECTIVES**

(i) To provide setbacks that complement the setting and contributes to the streetscape and character of the street while allowing flexibility in siting of buildings.
(ii) To ensure that the space in front of the building is sufficient to permit landscaping that will complement the building form and enhance the landscape character of the street.
(iii) Side and rear setbacks are to be proportioned to the slope of the site having regard to the height and relationship of the buildings on adjoining properties.
(iv) The setbacks of proposed buildings are to minimise any adverse impacts such as overshadowing and privacy on adjacent and adjoining properties.
(v) To ensure placement of buildings takes into account the retention and protection of existing trees.

**Building Zone**
The Building Zone identifies the area where buildings may be erected. No building or works (other than landscaping, driveway, drainage works, post boxes, pergolas and barbecues) will be permitted outside the building zone. This includes any work on basement parking areas.
The identification of a Building Zone as part of the Site Analysis process identifies the setbacks for any particular site. The process for identifying the setbacks is provided below.

**1. Building Zone Requirement No 1 - Setbacks to Protect Trees**

Setbacks are to be established so that any trees located within 10 metres of the front boundary, 8 metres of the rear boundary and 6 metres of any side boundary can be retained.

**DEVELOPMENT CONTROLS**

(a) Where trees are identified in the site analysis and are located within the 10 metre front setback, 8 metre rear setback and 6 metre side setback, the Building Zone boundaries will be set so that all buildings are 5 metres from the trees or clear of the drip line of the trees (Figure 3) whichever is the greater distance. The distance must be measured from the outside of the tree trunk at ground level.

*Figure 3 Building Zone Boundaries*

**2.Building Zone Requirement No 2 – Building Alignment**
The setbacks outlined in Table 1 apply to residential flat building sites. Figures 4 and 5 provide a demonstration of how these may be applied.

**DEVELOPMENT CONTROLS**

a) Except where a greater setback is required to satisfy Building Zone Consideration No 1 -Setbacks to Protect Trees, the setbacks shall be in accordance with Table 1.

*Table 1 Setbacks*

|Frontage |Setback|
| -------- | -------- |
|Front (one street frontage)| 10 metres|
|Front (two street frontages)| |
|Primary Frontage| 10 metres|
|Secondary Frontage| 6 metres|
|Side| 6 metres|
|Rear| 8 metres|

b) Additional setback will be applied to sloping sites as calculated below:


c) Building closer to the side boundary may be permissible, subject to ensuring there is no unreasonable adverse impact on the privacy or solar access of adjoining properties.
d) No balcony shall protrude into the setback area.


*Figure 4 Ground Floor Building Zone Setbacks – One Street Frontage*


*Figure 5 Building Zone Setbacks – Corner Site*

### 3.7. BUILDING LENGTH

**OBJECTIVES**

(i) To reduce the visual bulk and scale of residential flat building developments.
(ii) To ensure that developments will enhance and contribute to the streetscape and desired character of the future and existing neighbourhood.

**DEVELOPMENT CONTROL**

(a) The maximum linear length of any residential flat building is to be 50 metres.

### 3.10 DENSITY

**OBJECTIVES**

(i) To ensure residential flat building development does not over-tax existing services and facilities.
(ii) To provide opportunities for a suitable density housing form that is compatible with the existing surrounding development.

**DEVELOPMENT CONTROLS**

(a) The maximum population density permitted is 175 persons per hectare with a desirable range between 150-175 persons per hectare. The density is based upon the occupancy rates in Table 2:

*Table 2 Occupancy Rates*
|Dwelling Type | Occupancy Rates (persons)|
| -------- | -------- |
|Existing Dwelling| 3.5 |
|1 bedroom unit | 1.3 |
|2 bedroom unit | 2.1 |
|3 bedroom unit | 2.7 |
|4 bedroom unit | 3.5 |

### 3.11.UNIT LAYOUT AND DESIGN

**OBJECTIVES**

(i) To ensure that individual units are of a size suitable to meet the needs of residents.
(ii) To ensure the layout of units is efficient and units achieve a high level of residential amenity.
(iii) To provide a mix of residential flat types and sizes to accommodate a range of household types and to facilitate housing diversity.
(iv) Address housing affordability by optimising the provision of economic housing choices and providing a mix of housing types to cater for different budgets and housing needs.
(v) To ensure designs utilise passive solar efficient layouts and maximise natural ventilation.

**DEVELOPMENT CONTROLS**

Apartment Mix
a) No more than 25% of the dwelling yield is to comprise either studio or one bedroom apartments.
b) No less than 10% of the dwelling yield is to comprise apartments with three or more bedrooms.

**Residential Flat Development (less than 30 units**

c) The minimum internal floor area for each unit, excluding common passageways, car parking spaces and balconies shall not be less than the following:

|Dwelling Type | min area|
| -------- | -------- |
|1 bedroom unit | 75m2 |
|2 bedroom unit | 110m2 |
|3 bedroom unit | 135m2 |

**Residential Flat Development (30 or more units)**

d) The minimum internal floor area for each unit, excluding common passageways, car parking spaces and balconies shall not be less than the following:

|Apartment Size Category |Apartment Size|
| -------- | -------- |
| | |
|Type 1 | |
|1 bedrooms | 50m2 |
|2 bedrooms | 70m2 |
|3 or more bedrooms | 95m2 |
| | |
|Type 2 | |
|1 bedrooms | 65m2 |
|2 bedrooms | 90m2 |
|3 or more bedrooms | 120m2 |
| | |
|Type 3 | |
|1 bedrooms | 75m2 |
|2 bedrooms | 110m2 |
|3 or more bedrooms | 135m2 |

e) Type 1 apartments shall not exceed 30% of the total number of 1, 2 and 3 bedroom apartments.

f) Type 2 apartments shall not exceed 30% of the total number of 1, 2 and 3 bedroom apartments.

g) All remaining apartments are to comply with the Type 3 apartment sizes.

**All Residential Flat Buildings**
h) Unit layouts that achieve the following are required:-
- Minimise corridors/circulation space andavoid dormant areas with little or no naturalsurveillance;
- Permit sunlight access;
- Achieve cross ventilation; and
- Protect the visual and acoustic privacy ofresidents.
i) In this regard double loaded floor plans and single aspect units (Refer to Figure 6) must not be used unless:-
- Four (4) hours of direct sunlight is availablefor windows of primary living areas between9am and 3pm on 21 June; and
- Adequate ventilation can be achieved.

Figure 6 Double Loaded Floor Plan With Corridor On Every Floor


*Source: Better Urban Living Guidelines for Urban Housing in NSW.*

j) Floor to ceiling height must be in accordance with Building Code of Australia requirements. Where deeper floor plans are used higher floor to ceiling heights are encouraged to increase penetration of sunlight and air.

## Commercial